Dr Tony Cox was today sentenced to 150 hours community service at 0945 this morning at Dundee Sheriff Court after being convicted of threatening behaviour towards employees of MAXIMUS Inc who carry out DWP Work Capability Assessments on disabled people on behalf of the British Government.
Dr Cox will be appealing against conviction and sentence.
John McArdle of Scottish disability rights campaign Black Triangle said:
“We allege that the conviction and sentence of Dr Tony Cox is a miscarriage of justice. Tony Cox is being martyred for reaching out to vulnerable people with physical and/ or mental impairments in distress – whose fundamental human right it is to be accompanied to these notorious work capability assessments by a person of their choosing.
“Black Triangle believes that the Sheriff Court has erred in its findings, which appear on the face of it not to have been made out by the prosecution to the required standard of proof which is “beyond a reasonable doubt” in criminal cases. In stating that the court “preferred” the heresay evidence of the Maximus employees over the corroboration of witnesses in Dr Cox’s defence, it appears to us at that the conviction is unsafe as a decision on Tony’s culpability seems to have been made on the standard of proof applicable to civil cases: “the balance of probabilities. At most, we believe a verdict of “not proven” would have been the only option available to the crown.
“We will be supporting Dr Cox in his appeal and are confident that Tony will be exonerated once the evidence has been reviewed at appeal.”